On average, Americans spend nearly 1 hour every day on the road going to and coming home from work (Census Bureau, 2019). We spend so much time behind the wheel that car accidents, even fender benders, are unfortunately a reality that can result in serious injuries. If you have a lengthy commute, you may be concerned about what might happen if you are injured in a car accident. If you are in an accident on your way to or from work and it is another driver’s fault, you will be eligible to file an auto accident claim for pain and suffering against the at fault party. In addition to an auto accident claim, there are a handful of instances in which you would also be able to file a workers’ compensation claim, however there are limitations. Your eligibility for workers’ compensation after a car accident is entirely dependent on why you were driving. Workers’ compensation is designed to protect workers in the event they suffer from “any injury, illness or death arising out of and in the course of employment”. That being said, if you are injured in an accident on your way to or from work, you are generally NOT covered under workers’ compensation.

The “Going and Coming” Rule

This restriction of the workers’ compensation system is referred to as the “Going and Coming” rule. Employers are exempt from providing workers’ compensation coverage to employees who are injured off-site and not performing job duties, even if they are on their way to work or heading home for the day. The “Going and Coming” rule is a way for the workers’ compensation system to determine if an employee was required to be traveling for their job responsibilities or if the car accident is unrelated to their core job duties. 

Exceptions to the Rule

As with most rules, especially when it comes to workers’ compensation, there are exceptions to the “Going and Coming” Rule, which include:

• If you are traveling to visit a client/patient (physical therapist, home healthcare, etc.) 
• If you are traveling on a business trip
• If your job duties center on travel (pizza delivery, firefighter, etc.)
• If you are running a special errand required/requested by your employer (getting your boss coffee, lunch for your team, etc.)
• If you are traveling to and from job sites (construction/development)
• If you are commuting in a company owned car
• If you are traveling commercially (truck drivers)

No-Fault System

Many workers who travel for work have asked our firm about their rights if they are the individual who caused the car accident. Luckily, Georgia is a no-fault system meaning that you do not have to prove who was at fault in order to receive the workers’ compensation benefits you are entitled to. This ensures that all workers who should be protected under the system are, regardless of fault. 

Travel is required for many employees’ livelihoods and can be a great way to visit new cities and have new experiences. If you have been injured while traveling and are unsure of whether or not workers’ compensation applies to your situation, please contact our experienced team at Poirier Law Firm today. We are here to listen to your unique circumstance and help determine if filing for Workers’ Compensation would be the best option for you. 

Source: https://www.census.gov/newsroom/press-releases/2021/one-way-travel-time-to-work-rises.html